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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 15, 2016, the Plaintiff sold KRW 310,000,000 to the Defendant a house on the ground of Seocheon-gu Seoul Special Metropolitan City (hereinafter “instant sale”) and paid KRW 10,000,000 on the date of the contract, and the remainder of KRW 300,000,000 shall be paid on July 15, 2016, and the remainder shall be paid on July 15, 2016, and as a special agreement, the Plaintiff determined as follows: “The remainder of the payment of KRW 270,00,000,000,000, which remains after deducting KRW 270,000 from the remainder of the payment of local tax at the time of the settlement of the remainder.”
B. The Plaintiff was delinquent in paying the usage fees and indemnities for public property of KRW 235,031,320 in total by the year 2015 due to the possession and use of public property to own the said housing. The Plaintiff and the Defendant sought the answer that the amount to be imposed for the year 2016 at the time of the instant sale was about KRW 40,000 from Seocheon-si, and as a result, sought the answer that the amount would be about KRW 40,00,000 from Seocheon-si.
C. The Defendant paid the Plaintiff the remainder of KRW 30,000,000 on June 15, 2016, and KRW 30,000 on July 15, 2016, respectively, to the Defendant. As of July 14, 2016, the Plaintiff drafted a receipt of KRW 310,000,000 for the instant purchase price to the Defendant.
Busan City, around August 2016, the same year to the Plaintiff from January 1, 2016.
7. up to 31. 31. Prior notice was given of the disposition imposing indemnity on public property of KRW 42,151,890.
E. The Defendant paid the Plaintiff’s indemnity, etc. by 2015, and was exempted from the indemnity for the year 2016 from the time of 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 5, Eul evidence 1, the purport of the whole pleadings
2. The plaintiff's assertion is merely a presumption of "270,000,000 won in local tax in arrears of the plaintiff" among the special terms and conditions related to the balance at the time of the sale and purchase of this case. Thus, the balance should be settled according to the amount of indemnity, etc. actually paid by the defendant. As the defendant paid only KRW 235,00,000,000, the difference between the amount of KRW 270,000 and KRW 270,000,000, the plaintiff is obligated to pay the remaining balance to the plaintiff.